QUESTION
What are my rights and where do I stand at if ex in laws are claiming that the house is theirs?
Asked on May 04th, 2016 on Estate Planning - Colorado
More details to this question:
I've been married for twenty seven years. I've been divorce for three years. A week after my divorce, my ex-husband got detected with kidney failure. The judge had settle at the divorce 50/50 custody of the kids and supposed to sell the house and split 50/50 too. Unfortunately, due to his illness, I didn't have the courage to leave my kids with their ill dad, so I never left. We stayed together (live) in the house (our house which we never sold) but were separated. I found out through the neighbors that his parents paid the full amount due for the mortgage (paid off the house in full) which he never comment or took me in consideration. I do know that the house is still under our name. Unfortunately, he suddenly passed away two weeks ago due to his illness. Now my ex in laws are claiming that they only let him borrow a loan to pay for the house, and the house belongs to them, in which I previously commented I had nothing to do or not I was aware of.
1 ANSWER
Legal Separation Attorney serving Boulder, CO
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I would need more information to comment more on this, but at a minimum you should be entitled to 1/2 the equity value as of the date of the divorce before the parents paid off the mortgage. However, if the house was still titled as joint tenants with rights of survivorship, you now are the sole owner of the house. You definitely are going to want an attorney to at least review all the facts and perhaps need to negotiate with his estate.
Answered on Jun 02nd, 2016 at 6:31 PM